American Civil Liberties Union

Drug Policy:
The ACLU Drug Law Reform Project is a division of the national ACLU. Our goal is to end punitive drug policies that cause the widespread violation of constitutional and human rights, as well as unprecedented levels of incarceration.


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Drug Policy : Search and Seizure : Press Releases

Damage Of Drug War On Prominent Display At Telluride Film Festival This Weekend (08/28/2008)
TELLURIDE, CO – The devastating impact of America's "war on drugs" will be on prominent display this weekend at the Telluride Film Festival with the premiere of "American Violet," a film based on the racially charged drug war scandal that rocked the town of Hearne, Texas, several years ago. Directed by Tim Disney and written by Bill Haney, the film stars Alfre Woodard, Will Patton and Tim Blake Nelson.

Federal Court Rules U.S. Government May Not Deliberately Subvert California’s Medical Marijuana Laws (08/20/2008)
SAN JOSE, CA - In a first-of-its-kind ruling, a federal court today held that the U.S. Constitution bars deliberate subversion by the federal government of state medical marijuana laws.

ACLU Expresses its Disappointment in Congress for Failing to Eliminate Aid Penalty in HEA Reauthorization (07/31/2008)
WASHINGTON, DC — Today, the American Civil Liberties Union expressed its disappointment in Congress for failing to repeal the aid elimination penalty in the reauthorization of the Higher Education Act (HEA). The aid elimination penalty bars students with drug convictions – often minor, first time and misdemeanor offenses – from receiving critical college aid.

Federal Court Rules Strip Search Of 13-Year-Old Student For Ibuprofen Unconstitutional (07/11/2008)
SAN FRANCISCO – The American Civil Liberties Union applauded a federal appellate court ruling today that school officials violated the constitutional rights of a 13-year-old Arizona girl when they strip searched her based on a classmate’s uncorroborated accusation that she possessed ibuprofen. Today’s 6-5 ruling from an en banc panel of the U.S. Court of Appeals for the Ninth Circuit reverses an earlier decision by a divided three-judge panel of the same court. Eight of the eleven judges on the en banc court held that the strip search violated Savana’s constitutional rights, and a six-judge majority further held that the school official who ordered the search is not entitled to immunity as a result of his actions.

International Drug Policy Up For Debate At Landmark U.N. Forum (07/07/2008)
VIENNA, Austria – The American Civil Liberties Union today joins a diverse coalition of civil and human rights organizations participating in the United Nations’ “Beyond 2008 Forum,” a historic opportunity to assess the past decade of international drug policy and to shape its future course. The ACLU and others will speak to the inability of current, principally punitive drug policies to reduce the supply of or demand for illicit drugs, as well as the significant violence, health problems, and civil and human rights violations directly attributable to these policies.

ACLU Urges Congress to Reform Department of Justice Grant Program (06/18/2008)
WASHINGTON, DC – The American Civil Liberties Union calls on Congress to reform a Department of Justice grant program as part of today’s markup of HR 3546, reauthorizing the Edward Byrne Memorial Justice Assistance Grant. This program funds hundreds of regional anti-drug task forces that perpetuate racial disparities, police corruption, over-incarceration and civil rights abuses in large and small towns across America.

White House Continues to Push Ineffective Student Drug Testing Agenda (05/06/2008)
WASHINGTON – The White House Office of National Drug Control Policy is conducting the latest in a series of regional summits designed to convince local educators to begin drug testing students randomly and without cause – a policy unsupported by the available science and opposed by leading experts in adolescent health, including the Academy of Pediatrics, National Education Association, the Association of Addiction Professionals and the National Association of Social Workers.

Federal Court Hears Case Today of 13-Year-Old Student Strip Searched for Ibuprofen (03/26/2008)
SAN FRANCISCO - A federal appellate court today heard oral arguments over the constitutionality of a strip search performed on a 13-year-old Arizona girl by school officials looking for ibuprofen. A divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit ruled the search constitutional on September 21, 2007, greatly expanding the circumstances under which schools may strip search students. That decision will now be reviewed by the full Ninth Circuit. The American Civil Liberties Union is co-counsel in the case.

State Supreme Court Rules against Suspicionless Student Drug Testing (03/13/2008)
The Washington Supreme Court today unanimously found that Wahkiakum School District’s policy of suspicionless urine testing for students who participate in extracurricular athletic activities is unconstitutional. The American Civil Liberties Union of Washington challenged the suspicionless testing program on behalf of two families in the district, including a deputy sheriff and an emergency room doctor.

ACLU Challenges Unlawful Strip Search Over Ibuprofen Allegation In School (03/03/2008)
SAN FRANCISCO - In legal papers delivered today, the American Civil Liberties Union joined an ongoing case to represent a 13-year-old girl unconstitutionally strip searched by school officials after a classmate’s uncorroborated accusation of ibuprofen possession. A divided three-judge panel of the U.S. Ninth Circuit Court of Appeals ruled the search constitutional on September 21, 2007. The panel’s 2-1 decision, which greatly expands the circumstances under which schools may strip search students, will now be reviewed by the full Ninth Circuit.

Senate Committee Hears Testimony on Need to Reform 100-to-1 Crack/Powder Federal Sentencing Disparity (02/12/2008)
Washington, DC – The ACLU submitted testimony to the Subcommittee on Crime and Drugs of the Senate Judiciary Committee for today’s hearing, titled "Federal Cocaine Sentencing Laws: Reforming the 100-to-1 Crack/Powder Disparity." The purpose of this hearing is to address the wide disparity between federal sentencing guidelines for crack versus powder cocaine. October 2006 marked the 20th anniversary of the 1986 Anti-Drug Abuse Act. In the years since its passage, many of the myths surrounding crack cocaine have been dispelled, and it has become clear that there is no scientific or penological justification for the 100-to-1 disparity.

Hawaii Governor Wrong that Demise of Random Drug Testing Program Puts Teacher Pay Raise at Risk (02/01/2008)
HONOLULU – A diverse group of legal and labor experts and public school educators delivered a letter to Governor Linda Lingle today demanding that she retract legally baseless threats to withhold teachers’ pay raises. In response to the Board of Education’s decision last week not to divert money from Hawaii’s classrooms to fund a random teacher drug testing program, Lingle threatened to deny teachers a pay raise included in their current contract.

ACLU Responds to Mukasey’s Remarks on Federal Sentencing Guidelines (01/28/2008)
Washington, DC – The American Civil Liberties Union criticized remarks Attorney General Michael Mukasey made on Friday suggesting he would seek to derail a decision by the U.S. Sentencing Commission to apply recent changes in federal crack cocaine sentencing guidelines retroactively.

ACLU Applauds Hawaii Board of Education’s Rejection of Random Teacher Drug Testing and Condemns Governor’s Threat to Withhold Wages (01/25/2008)
HONOLULU – The American Civil Liberties Union applauded the Hawaii State Board of Education for its decision not to fund the random drug testing of Hawaii’s educators. In a unanimous vote yesterday evening, the Board of Education rejected a motion that would have allocated $400,000 just to initiate the random testing policy – additional funds would be necessary to conduct the actual random tests. In response to the Board’s decision, Governor Linda Lingle today threatened to withhold a wage increase included in the teachers’ union’s most recent contract.

ACLU Sues Sheriff’s Deputies to Uphold New Mexico Marijuana Law (01/17/2008)
CARLSBAD, NM – A paraplegic man is suing Eddy County Sheriff's deputies for seizing marijuana plants and equipment to grow marijuana, which he uses to control pain resulting from a spinal cord injury. Leonard French received a license to cultivate and use small quantities of marijuana for medicinal purposes from the state of New Mexico under the Lynn and Erin Compassionate Use Act. The American Civil Liberties Union of New Mexico, which represents French, says the deputies' actions violated not only that law, but also state forfeiture laws and a constitutional prohibition on unreasonable searches and seizures.

ACLU Hopes Candidates Won’t Make Straw Man of Sensible Sentencing Reforms (01/07/2008)
Washington, DC – The American Civil Liberties Union Washington Legislative Office, a non-partisan organization, believes Senator Hillary Clinton (D-NY) was mistaken when she called ending mandatory minimum sentences a controversial position. The organization urges all candidates, from all parties, to oppose mandatory minimum sentencing and support legislation to close the sentencing disparities between crack and powder cocaine.

ACLU Joins Representative Jackson-Lee’s Call for Sentencing Fix (12/18/2007)
Washington, DC – The American Civil Liberties Union today joined Representative Sheila Jackson-Lee (D-TX) at a press conference calling for a fix to the unfair federal crack cocaine sentencing policy. The ACLU also urged Congress to support Rep. Jackson-Lee’s recently introduced legislation, H.R. 4545, the “Drug Sentencing Reform and Cocaine Kingpin Trafficking Act of 2007.” This bill would eliminate sentencing disparities between crack and powder cocaine as well as the current mandatory minimum for simple possession. In addition, the legislation establishes grants for drug treatment programs, gives the U.S. Sentencing Commission discretion to review sentencing enhancements for crack offenses, and attempts to focus federal resources on major drug dealers.

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